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Why Penn State Football Deserves The ‘Death Penalty’

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The NCAA should apply its “death penalty” to the Penn State University football program by canceling the next two seasons.  It would actually be doing the university a favor by applying its harshest medicine.

Lots of knashing of teeth and expressions of shock and dismay by commentators and members of the public came yesterday following former FBI director Louis Freeh’s announcement that his investigation determined that Penn State University‘s leadership engaged in a systematic and sustained coverup of former football coach Jerry Sandusky‘s heinous sex crimes against children.

Today’s edition of The New York Times leads with a four-column above the fold story and photo spread that is so damning, that anyone who maybe a Penn State alumnus or affiliated with the university could only feel deep shame.

The country should be ashamed.

But no one should be surprised. This is a university that made a calculated decision that football was more important that the well being of hundreds of children, whom Sandusky literally hunted by using his now-defunct Second Mile Foundation for at-risk children–to recruit them as intended targets for his perverse, pedophiliac attraction toward prepubescent boys.

Freeh said during his press conference yesterday that “the most powerful men at Penn State failed to take any steps for 14 years to protect the children who Sandusky victimized. Messrs. Spanier, Schultz, Paterno and Curley never demonstrated, through actions or words, any concern for the safety and well-being of Sandusky’s victims until after Sandusky’s arrest.”

And, Freeh said most importantly, they did so for “fear of bad publicity” that would ultimately damage the exalted football program.

These repeated crimes, for which Sandusky was found guilty last month of 45 counts of sexual abuse, were affirmatively protected from investigation and prosecution through a conspiracy led by Graham Spanier, the former president and a licensed therapist; Joe Paterno, the once beloved football coach, an iconic figure who is forever discredited in death; Tim Curley, the former athletic director; Gary Schultz, a university vice president, who oversaw campus police and Thomas Harmon, the former chief of campus police.

Curley and Schultz face forthcoming criminal trials, among their charges are perjury.

When you stack up these staggering criminal convictions, as well as additional pending criminal charges and the  Freeh report that lays out a calculated conspiracy, the breathtaking institutional overreach at Penn State to protect the football program, simply pales when compared to extensive rule violations by Southern Methodist University’s football program, whom the NCAA punished with the “death penalty” by canceling the SMU’s 1987 game schedule. Cash and cars for athletes versus a football coach who engaged in the systematic rape of children in the university football athletic facility, allowed to continue for 14 years with impunity while the entire leadership of the university remained complicit in silence and inaction?

This is so obvious, even to the most casual observer.

Shut down the Penn State football program for two years.

The NCAA, which has implemented the “death penalty” only five times before, would actually be doing the university a favor. Penn State needs to clean house from top to bottom–reset its priorities and demonstrate through its practices and values that it understands the depth of the Spanier-Paterno-Sandusky violations and how far the institution has strayed from its main purpose, which is to educate young people as future thinkers and leaders of our country.

READ: Amid Pedophila Scandal, Penn State to Hasten Football Coach Retirement

Another reason for the NCAA to apply the death penalty is Penn State’s failure to implement the Clery Act, a federal law that requires university and colleges to annually report crimes committed on campus to the Department of Education. Failure to report campus crimes includes penalties up to $27, 500 per infraction. Indeed, not only has Penn State failed to report these covered up crimes to the federal government, but according to Freeh’s report, they hadn’t even implemented the Clery Act itself:

As you will read in our report, Penn State failed to implement the provisions of the Clery Act, a 1990 federal law that requires the collecting and reporting of the crimes such as Sandusky committed on campus in 2001. Indeed, on the day Sandusky was arrested, Penn State’s Clery Act implementation plan was still in draft form. Mr. Spanier said that he and the Board never even had a discussion about the Clery Act until November 2011.

This stunning finding by Freeh raises even more questions. Fortunately, the Department of Education had announced in November 2011 it was opening up an investigation into “sexual misconduct” at Penn State, that will review compliance with the Clery Act. But as Freeh’s report makes clear, Penn State had not even implemented the law. How did Penn State manage to escape implementation without the Department of Education raising this as an issue years ago?  It is my hope that the federal government will throw the book at Penn State, max out their Clery penalties and leverage future federal aid by insisting on rigorous oversight and compliance.

Penn State’s sordid chapter of Jerry Sandusky and its pedophilia scandal will not be over for some time to come. Sandusky faces sentencing next month; Curley and Schultz face criminal trials; the Pennsylvania Attorney General’s office is likely to continue, if not expand its investigation based upon the findings of the Freeh report and a forthcoming investigation by the federal department of education has yet to be finalized.

And then there are the children.

All the children who were raped and abused by not only Sandusky, but, by extension, by Penn State University’s active conspiracy and coverup. Somehow, someway, the university needs to compensate these victims for this heart wrenching abuse that will surely be with them to end of their lives. All the more important that Penn State University football should be demoted so the State College community and the country can heal.

Tanya L. Domi is the Deputy Editor of the New Civil Rights Movement. She is also an Adjunct Assistant Professor of International and Public Affairs at Columbia University and teaches human rights in East Central Europe and former Yugoslavia.  Prior to teaching at Columbia, Domi was a nationally recognized LGBT civil rights activist who worked for the National Gay and Lesbian Task Force during the campaign to lift the military ban in the early 1990s. Domi has also worked internationally in a dozen countries on issues related to democratic transitional development, including political and media development, human rights and gender issues.  She is chair of the board of directors for GetEQUAL. Domi is currently writing a book about the emerging LGBT human rights movement in the Western Balkans.

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Ten Commandments Governor Declares No Church-State Separation in Rough Fox News Interview

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Louisiana Republican Governor Jeff Landry appeared surprised in a Friday Fox News interview when asked to defend his newly-signed law requiring the Bible’s Ten Commandments to be posted in every public school classroom throughout the state, which critics say is unconstitutional.

Speaking about the First Amendment principle of separation of church and state, which the U.S. Supreme Court has affirmed at least a half-dozen times, Landry declared: “I challenge anyone who says that to go find me those words in the First Amendment. They don’t exist.”

He went on to claim those who want to “extract” what he claims are America’s Judeo-Christian principles “out of the foundation of this country…really and truly want to create the chaos that ultimately is the demise of this nation.”

On Thursday in a signing ceremony Landry declared the Bible’s Moses is the “original lawgiver,” a claim some challenged as a cultural choice and not an accurate one, given there are others that date back earlier, to ancient Greece, Babylon,  and India.

READ MORE: ‘Ominous Opinion’: Same-Sex Marriage Targeted Again in Latest SCOTUS Ruling, Expert Warns

“You’ve heard the criticism, it seems to be pouring in. Was it still the right thing to do?” Governor Landry was asked Friday afternoon.

“I mean, I didn’t know that living the Ten Commandments is a bad way to live life,” Landry replied, not touching the obvious and likely unconstitutional nature of the legislation he proudly signed 24 hours earlier. “I didn’t know that it was so vile to obey the Ten Commandments. I think that that speaks volumes about how eroded this country has become. I mean, look, this country was, was founded on Judeo-Christian principles and every time we steer away from that we have problems in our nation. I mean, right now schools teach, basically treat kids like critters and get the Ten Commandments is something bad to put in schools? It just it’s amazing.”

The founders clearly intended to create a secular, not religious government and took great care, including in the First Amendment, to ensure no religion was favored and individuals had the right to observe any faith, multiple faiths, or none at all.

RELATED: ‘Christian Theocracy’: Ten Commandments Lawmaker Who Can’t ‘Fathom’ Outrage Gets Schooled

“For those listening right now, they’re wondering, what’s the goal?” Fox News host Sandra Smith continued. “Because it’s not as if this is going to be taught in every school and classroom. This is just being displayed on the walls. So my question to you is, how is this going to improve the school environment and the performance of kids in those schools? When Governor, I pull up the report cards of these public schools and Louisiana is struggling, I mean, it is at the bottom of the country. The education system is failing these kids. I mean, Louisiana is 43, 44th in math and reading. So is this gonna help what is a very big problem in Louisiana?”

“Look, I think it’s part and parcel for helping kids anywhere around the country, if other states followed our suits, but at the same time that we signed that bill into law, we signed a string of others assign 20 bills, including this one, to reform Louisiana schools.”

Experts note that the U.S. Supreme Court struck down a similar law in 1980.

Sandra Smith’s remarks about Louisiana failing are accurate. According to U.S. News and World Report, Louisiana ranks 47th in education, 50th in crime, 49th in the economy, 46th in health care, and overall, it ranks last, at number 50.

Watch the videos above or at this link.

RELATED: ‘Desperately Needed’: Trump Wants ‘Revival’ of Religion and Ten Commandments in Classrooms

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‘Ominous Opinion’: Same-Sex Marriage Targeted Again in Latest SCOTUS Ruling, Expert Warns

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In a 6-3 decision along partisan lines the right-wing justices on the U.S. Supreme Court once again targeted the landmark 2015 Obergefell same-sex marriage decision, leading liberal Justice Sonia Sotomayor to sound “alarm bells” on marriage equality in her dissent a legal expert says, warning that they may try to “roll it back.”

The case involves Sandra Muñoz, a U.S. citizen who argued that the federal government’s denial of a visa for her husband, who lives in El Salvador, deprives her of her constitutionally protected right to liberty.

The right-wing majority in a decision written by Justice Amy Coney Barrett ruled: “A citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.”

Friday’s ruling “undermines same-sex marriage,” Bloomberg Law reports Justice Sotomayor’s dissent warns.

Slate senior writer Mark Joseph Stern has covered the courts since 2013, and is the author of a 2019 book on the Roberts Supreme Court.

“Justice Sotomayor, in dissent, accuses the conservative supermajority of cutting back the rights guaranteed in Obergefell—the same-sex marriage decision—and of repeating ‘the same fatal error’ it made in Dobbs,” Stern writes. “A very ominous opinion.”

READ MORE: ‘Desperately Needed’: Trump Wants ‘Revival’ of Religion and Ten Commandments in Classrooms

The “fatal error” in Dobbs was ignoring precedent.

“Justice Sotomayor says the burden of today’s decision will ‘fall most heavily’ on same-sex couples, many of whom cannot safely reside in the non-citizen’s home country,” Stern adds. “Her dissent is littered with alarm bells about Obergefell.”

He points to this from Sotomayor’s dissent, a citation from the Obergefell decision:

“A traveler to the United States two centuries ago reported that ‘‘[t]here is certainly no country in the world where the tie of marriage is so much respected as in America.’ ‘ ”

“Today,” Sotomayor continued, “the majority fails to live up to that centuries-old promise. Muñoz may be able to live with her husband in El Salvador, but it will mean raising her U. S.-citizen child outside the United States. Others will be less fortunate. The burden will fall most heavily on same-sex couples and others who lack the ability, for legal or financial reasons, to make a home in the noncitizen spouse’s country of origin.”

Again quoting Obergefell, she adds, “For those couples, this Court’s vision of marriage as the ‘assurance that while both still live there will be someone to care for the other’ rings hollow.”

Stern warns: “I think Justice Sotomayor is clearly correct that the Supreme Court’s gratuitous attack on the constitutional rights of married couples in Muñoz—especially same-sex couples—suggests that the conservative justices hate Obergefell and may roll it back.”

Sotomayor began her dissent also with a quote from Obergefell: “The right to marry is fundamental as a matter of history and tradition.”

READ MORE: ‘Fact Checking His Delusions’: Trump’s Falsehoods May Not Be Lies Anymore, Critics Warn

She warns that the right-wing majority could have appropriately issued a narrow ruling but instead chose to hand down a broad decision:

“The majority could have resolved this case on narrow grounds under longstanding precedent,” she writes. “Instead, the majority today chooses a broad holding on marriage over a narrow one on procedure.”

Justice Sotomayor again points to same-sex marriage:

“Muñoz may be able to live in El Salvador alongside her husband or at least visit him there, but not everyone is sovereign lucky. The majority’s holding will also extend to those couples who, like the Lovings and the Obergefells, depend on American law for their marriages’ validity. Same-sex couples may be forced to relocate to countries that do not recognize same-sex marriage, or even those that criminalize homosexuality.”

She also noted, “The constitutional right to marriage has deep roots,” and “The constitutional right to marriage is not so flimsy,” while warning “the majority departs from longstanding precedent and gravely undervalues the right to marriage in the immigration context.”

Two years ago almost to the day, when the Supreme Court handed down the Dobbs decision overturning Roe v Wade and stripping away the constitutional right to abortion, Stern warned the Court, especially Justice Thomas, would come for contraception, same-sex intimacy, and same-sex marriage:

Two years before Dobbs, Stern also warned Justice Thomas was targeting same-sex marriage, writing that “Thomas (joined by Alito) wrote a jaw-dropping rant taking direct aim at Obergefell and suggesting that SCOTUS must overturn the right to marriage equality in order to protect free exercise.”

READ MORE: ‘Christian Theocracy’: Ten Commandments Lawmaker Who Can’t ‘Fathom’ Outrage Gets Schooled

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‘Desperately Needed’: Trump Wants ‘Revival’ of Religion and Ten Commandments in Classrooms

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Jumping on Louisiana’s controversial and likely unconstitutional new law mandating posters of a specific version of the Bible’s Ten Commandments be displayed in every public school classroom, Donald Trump overnight declared the nation “desperately” needs a religious “revival” and called for the religious text to be placed in classrooms across America.

Critics point out that the U.S. Supreme Court in 1980 found a similar law unconstitutional.

“The high court found that the law had no secular purpose but rather served a plainly religious purpose,” the Associated Press reports.

And while some lawmakers are insisting it is a historical document, remarks by Republican Governor Jeff Landry and the bill’s co-author, Republican state Rep. Lauren Ventrella, would appear to undermine that defense.

RELATED: ‘Christian Theocracy’: Ten Commandments Lawmaker Who Can’t ‘Fathom’ Outrage Gets Schooled

“I love the Ten Commandments in public schools, private schools, and many other places, for that matter. Read it — how can we, as a nation, go wrong??? This may be, in fact, the first major step in the revival of religion, which is desperately needed, in our country. bring back TTC!!! MAGA2024” Trump wrote on Truth Social in his all-caps post.

Some critics have been noting Trump has violated many if not most of the Ten Commandments. Some have listed the Ten Commandments and what they say are Trump’s actions in comparison to them.

MSNBC‘s Steve Bennen observed, “Trump is touting the Ten Commandments, despite the fact that he’s broken most of them. No graven images? Check. Honoring the Sabbath? Check. No adultery? Check. No stealing? Check. No bearing false witness? Big ol’ check. No coveting a neighbor’s wife? Check.”

Retired North Carolina Supreme Court justice and former Republican gubernatorial candidate Judge Bob Orr wrote: “The GOP and Trump want parents controlling the books that are in schools NOT educators…but their ok with educators being responsible for teaching children to follow the Ten Commandments – a responsibility that belongs at home with the parents and the church.”

Earlier this week, before Trump’s declaration, The Lincoln Project posted a video on Trump’s relationship to the religious document.

Watch below or at this link.

READ MORE: ‘Fact Checking His Delusions’: Trump’s Falsehoods May Not Be Lies Anymore, Critics Warn

 

 

 

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